look at that little one, both of them. listen closely, you can hear that little mountain cub is trying to show off his roar. they were found near the mom's den in the mountains north of los angeles this month. they are purring a little ♪ ♪ >> norah: tonight, our new reporting. the horror search teams in lahaina are fighting as they search the rubble. and the new outrage over the disaster response after the emergency management director appears for the first time.

his heavily-criticized reason for why he didn't sound the warning sirens. here are tonight's headlines. ♪ ♪ this remarkable video. survivor seeking safety in a pool, as wildfires rage. and our tough questions to the man in charge of emergency response beards because so many people said they could have beey had time to escape. had a siren going off. ♪ ♪ >> lahaina is not for sale. >> norah: one of the big concerns from our reporting on maui, developers coming in and buying their land. what hawaii's governor is saying tonight. >> my intentions start to finish is to make sure that no one is victimized from a land grab. ♪ ♪ >> a rare storm has formed into hurricane hilary along the mexican coast. the storm is expected to move toward southern california. ♪ ♪ >> norah: flash mob burglaries hitting luxury retailers like gucci and getting away with

millions in stolen goods. >> no angeleno should feel like it is not safe to go shopping in los angeles. ♪ ♪ >> here in louisiana, they are building this massive ship, 81st of its kind in the u.s., service wind industry. we will show you how this also is creating renewable energy jobs in oil and gas country. >> the amount is bringing it back to life. ♪ ♪ >> if you want to know a dedication to duty means, there is no better example than the 21 steps of private first class jessica. >> it is my duty. i am a tomb guard and this is my job. ♪ ♪ >> norah: good evening, and thank you for joining us on this thursday night. we begin tonight on maui, with new questions and growing anger on what could have been done to prevent the deadliest wildfire

in the u.s. in more than a century. the death toll is rising and it is possible more than 1,000 people are still unaccounted for. tonight, fema is telling cbs news that many people died in their homes, and it may take years to identify all the remains. officials say just 40% of the impacted area has been searched. the state's emergency director remains defiant invasive question, including from cbs news come about why he didn't use warning sirens to alert residents as the flames approached. late this afternoon, hawaii's attorney general announced plans for a third-party private organization to review the performance of state and county agencies in preparation and response to the fires. we have team coverage on the ground on maui and john cbs's jonathan vigliotti will start us off again tonight from lahaina, with new reporting. good evening, jonathan. >> reporter: good evening to you, norah. as the death toll climbs to 111, fema officials tell me at many of the victims have been found in their homes, and in

their beds. many are likely children and had no idea the flames were approaching. and we now know that the sirens did work, but in those critical hours, were intentionally not used. this harrowing video shows people on maui desperately seeking refuge in a pool as an inferno burned all around them during last week's wildfires. and now, as fema crews continue the grueling search for victims, it is becoming clear many were either unaware or had little chance to escape the fast-approaching flames. where are you finding most of the remains? >> anywhere there was a big red. >> reporter: people were asleep? >> people were asleep. people were in various stages of fleeing their location. >> reporter: task force leader todd magliocca described the horrors his team have encountered. we have heard so many of the missing our kids. does not reflect what you are seeing? >> the devastation is so severe, a lot of the remains we are

finding are almost unrecognizable. we have multiple generations living in singular homes. >> reporter: the fire that had been declared 100% contained flared up again around 3:30 p.m. roadways into lahaina were closed. by then, hurricane-force winds had knocked out power to much of the town. it was 5:15 p.m., nearly two hours after the flareup, that the flames reached front street, according to witnesses who spoke with "the new york times" good >> oh, my gosh. >> reporter: the whole time, the sirens were silenced. herman andaya, the head of my wheeze emergency management agency, probably defended his actions for the first time at a press conference on wednesday. do you regret not sounding the sirens? >> i do not. and the reason why -- >> reporter: so many people said they could have been saved if they had time to escape, had a siren going off, they would have known that there was a crisis emerging. >> the sirens come as i mentioned earlier, is used primarily for tsunami. the public is trained to seek higher ground in an event that

the siren is sounded. if that was the case, then they would have gone into the fire. >> reporter: antennae, new questions about exactly where magliocca was while lahaina burnt. we know he was attending a conference on oahu. according to "hawaii news now" a two hotel receipt shows a departure date wednesday, auguse fire started. exactly when he left is unclear. and we have reached out to county officials about andaya's whereabouts. we have not heard back. meanwhile, we are learning more about the emotional toll first responders are facing. some have actually returned back home, overwhelmed by what they are finding in the ashes, norah. >> norah: jonathan vigliotti with those important questions. thank you. while the wildfires have taken lives, there is a growing concern developers are now trying to take the land. nearly 3,000 structures on maui were affected by the fires and the cost of rebuilding is in the billions. real estate investors are already making offers, with some accusing them of putting profits

over people. residents are telling cbs's lilia luciano maui is not for sale. >> reporter: there is a new worry for lahaina residents who survived the inferno. >> lahaina is not for sale. i repeat: lahaina is not for sale. >> reporter: hawaii's governor is considering a moratorium on all land transactions in lahaina to protect locals from opportunistic buyers. >> please don't approach them with an offer to buy land. please don't approach their families to tell them that they are going to be better off if they make a deal. >> reporter: hawaii already has the highest housing costs in the nation, with homeownership out of reach for many residents. on maui, the average home price is now $1.2 million. while the average income stood at just $88,000. archie kalepa, a ninth generation lahaina elder, says the recovery must be in the hands of locals and natives. >> we are here to hold the line. we are here to hold the lines

and get the rest of the state of hawaii behind us. >> reporter: that is what kylie dindinger and her partner, ray mcgorry, did when they took in a 3-generation family of residents who lost their home in lahaina. >> we were already at a housing crisis. we just want -- we just want them to stay. >> reporter: they are also holding the line. by expanding their family from . >> ohana. >> what does that mean? >> family. it is a hawaiian word for family. >> reporter: and those aren't just any lands that are feared up for grabs. lahaina was the capital of the hawaiian kingdom. it holds the sacred burial grounds of ancestors and kings. still, the natives connections to the land isn't just historical cultural, norah, it is spiritual. >> norah: such an important point. lilia luciano, thank you so much. well, now to the weather, with hurricane hilary gaining strength in the pacific. it could become the first tropical storm to make landfall

in california in 84 years. for more on this storm and persistent heat, let's bring in meteorologist chris warren from our partners at the weather channel. good evening, chris. >> good evening, norah. very rapidly intensifying into an impressive-looking storm, and it is expected to get even stronger as it heads to the north, looking at the possibility of a major category 4 hurricane by saturday. on its way up, while it is weakening, but on its way up to southern california, including san diego, los angeles, and possibly more areas in land. there could be some wind affects. we will have to watch that. but heavy rain does look like the big concern. flooding, possible mudslide and landslides, can't rule that out vehicle the storm is making its way on the western side of a bie of high pressure, and under that heat dome here once again, norah, temperatures in dallas topping 100 degrees appeared to be one chris, thank you. tonight, cbs news has learned the suspected mastermind of the

september 11th terror attacks, along with four other defendants, could escape the death penalty under a plea agreement being considered. cbs's scott macfarlane reports details about the possible deal were sent to family members of some of those killed, and many are outraged. >> reporter: over families who lost loved ones on 9/11, it has been an excruciating wait for the trial of suspected mastermind khalid sheik mohammed and four other accused plotters. >> it is more heartbroken. >> reporter: there is no fresh outrage for kristen breitweiser, whose husband died in the world trade center after the pentagon sent this letter to families, revealing plea deals are being considered in which the five men would accept criminal responsibility for their actions and plead guilty in exchange for not receiving the death penalty. >> i thought i lived in the united states of america. i thought we were a nation based upon the rule of law. and obviously that's turned out not to be the case. >> reporter: the prosecutions of the 9/11 defendants at guantanamo bay, held in military tribunals, have been delayed for

years. mainly complicated by the cia's interrogation of the suspect that critics called torture. and whether the evidence extracted is admissible in court. a defense lawyer for one of the accused plotters told cbs's catherine herridge last year, a plea deal would end the impasse. >> she is willing to plead guilty, serve a long sentence at guantanamo come in exchange for medical care for his torture and taking the death penalty off the table. >> reporter: that doesn't satisfy brad blakeman, who lost his nephew, tommy jurgen, and the world trade center. >> we were told and we were promised that we would bring these people responsible to justice, and we expect that to happen. >> reporter: through the years, there have been proposals to move the trials from military tribunals to civilian court, but that idea faced stiff resistance in congress, worried about the security and the costs of moving cases out of gitmo, norah. >> norah: i am still thinking about all of those 9/11 families. scott macfarlane, thank you.

a texas woman is in jail tonight, held without bail for allegedly making racially charged death threats against the federal judge overseeing former president donald trump's a election interference case right here in washington. officials say that out of abigail jo shry left a message earlier this month threatening to kill judge tanya chutkan, calling her a slave and the n-word bureau several members of the grand jury that indicted trp are facing threats after their personal information was leaked. tonight, law enforcement agencies in and around america's second largest city are joining forces to crack down on a wave of flash mob robberies. just this month, los angeles-area retailers have lost more than $1 million in stolen goods. here is tina patel of our cbs los angeles station. >> reporter: in the last two robberies and at least a dozen high-end stores has prompted the city of l.a. to take action and launch a new organized retail crack force to crack down on it

gang-led prime. smash and grab some grub and goes in several shops, including nike, gucci, yves saint laurent, ksubi. a brazen robbery at a nordstrom were more than $37,000 of luxury items were stolen, just some of the recent incidents. >> no angeleno should feel like it is not safe to go shopping in los angeles. >> reporter: there have been about 170 organized retail fats in l.a. in the last two years, and this is not only a problem here. across the country, shoplifting and organized retail theft cost retailers an estimated $69 billion a year. despite a new federal law preventing the sale of stolen goods online, some still make it on my markets. >> when these real high-end crimes are taking place, versus that might cost $10,000 or $25,000, you know, they are being sold online. >> reporter: online retailer ebay partners with law enforcement to flag stolen goods. >> it is where we work more actively and collaboratively with retailers to identify types of goods that may be stolen and

work with law enforcement to bring prosecution to people that may be committing crimes. >> reporter: the city's plan includes 22 full-time investigators and one dedicated prosecutor to review cases. just today, glendale police announced the first arrest in the saint laurent case. by the way, this type of retail theft cost the average american family more than $500 each year and higher merchandise costs. norah? >> norah: tina patel, thank you. a judge in mississippi declared a mistrial today in the case against two white men accused of chasing and shooting at a black fedex driver. the judge said he had no choice because of a police detective's improper testimony and failure to share evidence. father and son are charged with attempted murder. the fedex driver was not hurt. no word on yet on when the retrial will begin. turning now to the rapidly-growing use of offshore wind energy here in the u.s., multiple large-scale wind farms are currently under construction up and down the east coast fear in tonight's "eye on america,"

cbs's ben trainee reports on how workers, once dependent on oil and gas, coming for the green energy expansion. >> reporter: at this ship hard in houma, louisiana, you can see and hear the future being built. that noise we are hearing, but that is called "made in america." >> that is made in america, no doubt. >> reporter: wally naquin is the general manager of l.a. ship. this thing is huge. >> yes, she is huge. >> reporter: the company is constructing the first vessel in the nation to inspect wind turbines now being built on the east coast. the ship is essentially a floating hotel where 60 technicians will spend months at sea. they use an innovative bridge system to walk directly from the boat to the wind turbines. how unique is this compared to other stuff you have built? >> it's -- it's completely unique. we are stepping away from oil and gas and going into the wind.

>> reporter: for generations, gulf coast shipyards have serviced the oil and gas industry. those jobs have been declining for years. >> this is very cool. >> reporter: now with wind industry business blowing his way, make when shipyard has gone from less than 100 workers to more than 600. >> we don't have to do any -- the wind industry. it has renewed not just our shipyard, it has renewed southeast louisiana, keeping people working. >> reporter: right now, the u.s. produces only enough offshore wind energy to power about 32,000 homes. the white house wants to hit 10 million homes by 2030. and claims offshore wind will eventually create 77,000 jobs. many of them in shipbuilding. >> right now, we have 33 vessels under construction in the u.s. to support the offshore wind sector. we need 50-60 more just for the 17 projects that we are talking about on the east coast right

now under development. >> reporter: this shipyard is already building its second vessel and expect offshore wind to power a decade of steady work. >> we were built on the oil and gas industry, so now the wind industry is bringing it back to life. >> reporter: for "eye on america," ben tracy, houma, louisiana. >> norah: all right, gas prices are creeping up again. we will explain why next. ♪ ♪ ifferent than other money managers. (other money manager) different how? aren't we all just looking for the hottest stocks? (fisher investments) nope. we use diversified strategies to position our clients' portfolios for their long-term goals. (other money manager) but you still sell investments that generate high commissions for you, right? (fisher investments) no, we don't sell commission products. we're a fiduciary, obligated to act in our client's best interest. (other money manager) so when do you make more money, only when your clients make more money? (fisher investments) yep. we do better when our clients do better. at fisher investments, we're clearly different. salonpas lidocaine flex. a super thin, flexible patch with maximum otc strength lidocaine that contours to the body to relieve pain right where it hurts.

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an act of dedication in the eye of a storm. we visit the tomb of the unknown soldier next. ♪ ♪ >> announcer: this portion of the "cbs evening news" is sponsored by verzenio. is overwhelming. but i never just found my way; i made it. and did all i could to prevent recurrence. verzenio reduces the risk of recurrence of hr-positive, her2-negative, node-positive, early breast cancer with a high chance of returning, as determined by your doctor when added to hormone therapy. hormone therapy works outside the cell... while verzenio works inside to help stop the growth of cancer cells. diarrhea is common, may be severe, or cause dehydration or infection. at the first sign, call your doctor, start an antidiarrheal, and drink fluids. before taking verzenio, tell your doctor about any fever, chills, or other signs of infection. verzenio may cause low white blood cell counts, which may cause serious infection that can lead to death. life-threatening lung inflammation can occur. tell your doctor about any new or worsening trouble breathing, cough, or chest pain. serious liver problems can happen. symptoms include fatigue, appetite loss, stomach pain, and bleeding or bruising. blood clots that can lead to death have occurred. tell your doctor if you have pain or swelling in your arms or legs,

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know what dedication to duty means, there is no better example than the 21 steps of private first class jessica kwiatkowski. >> i am a tomb guard and this is my job. >> reporter: the 21 steps symbolize a 21-gun salute at the tomb of the unknown soldier at arlington national cemetery. kept under round-the-clock guard, no matter the conditions. kwiatkowski remembers the first time she saw the solemn ritual. >> it was like, honestly, like, seeing, like, a superstar in front of you. like, awestruck. >> reporter: then, one day last month, it rained. really rained. with wind gusting to 85 miles an hour. >> it was coming down so hard, it got on my glasses, and i couldn't see outside. >> reporter: how do you walk a straight line if you can't see? >> i was just trying my best, honestly. and the wind was not helping at all. >> reporter: and there was lightning. >> made me jump a little because bit. >> reporter: there is a green guard box she could have taken

shelter in. why not stay in the box? >> it's just my job beer and i wouldn't have it any other way pure i would rather be out in the rain then stay in the box. >> reporter: we never would have known about private kwiatkowski's quiet dedication had not a tourist posted this video. 21 steps that say at all. david martin at the tomb of the unknown soldier, arlington national cemetery. >> norah: only in america, what makes our military so great, the people of our military. that is tonigh's "cbs evening news." i'm norah o'donnell. good night. ♪ ♪ >> announcer: fresh out of one relationship... >> judge judy: when you met ms. murray, you were still not divorced. >> that's correct, ma'am. >> announcer: ...and already failing at another. >> she was controlling. everything was, "get the divorce, get the divorce." >> judge judy: what was so pressing? you only knew the man for a month. >> we spent a lot of time together. >> judge judy: and ms. murray laid out money for a lawyer. >> yes, ma'am. in my head, i thought we were

just friends. >> announcer: "judge judy." you are about to enter the courtroom of you are about to enter the courtroom of judge judith sheindlin. captions paid for by cbs television distribution christine murray is suing her ex-boyfriend, edward campbell, for a loan so he could hire a divorce attorney. >> byrd: order! all rise! this is case number 435 on the calendar, in the matter of murray vs. campbell. >> judge judy: thank you. >> byrd: you're welcome. parties have been sworn in. you may be seated. >> judge judy: ms. murray, when and how did you meet mr. campbell? >> we met online. >> judge judy: on what date? >> march 2017. >> judge judy: and at the time you were online, mr. campbell, you were married but separated? >> legally separated, yes, ma'am. >> judge judy: for how long? >> i would say approximately 9 months. >> judge judy: do you have children? >> two, ma'am. >> judge judy: how old? >> nine and six. >> judge judy: and you are still married? >> legally, on paper, yes, ma'am. >> judge judy: is there any reason why you weren't divorced? >> it's in the process, ma'a